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Tracker for appeals/MTR
- Thread starter bcis
- Start date
logic is follows
Apply PERM with New Employer and few days later apply H1 Transfer in premium. Then JOIN new employer after H1b approval.
H1 transfer you will get for one year on Pending labor/140(It NOT till 03/07).
This transfer for 1 year validity - is based on your pending AAO I-140. is same as your current 8th/9th years
GOOD scenario: As you said if you get Labor /140 approval then you can entertain 3 Y H1 extensions
BAD scenario: you can get at least one year extension based on PERM labor.
Any way you are going to apply H1 transfer 1 year validy to new Employer after filing PERM. once if you reach expiry of this 1 year by that time PERM application will be 365 days old(if pending).
if you have question..welcome....
Apply PERM with New Employer and few days later apply H1 Transfer in premium. Then JOIN new employer after H1b approval.
H1 transfer you will get for one year on Pending labor/140(It NOT till 03/07).
This transfer for 1 year validity - is based on your pending AAO I-140. is same as your current 8th/9th years
GOOD scenario: As you said if you get Labor /140 approval then you can entertain 3 Y H1 extensions
unitednations said:Recent example that I know personally; person six years expring august 2006; perm labor file march 2006, approved within two weeks, I-140 filed end of March, approved May 2006; H-1 premium processing asking for 3 year extension approved within one week.
BAD scenario: you can get at least one year extension based on PERM labor.
Any way you are going to apply H1 transfer 1 year validy to new Employer after filing PERM. once if you reach expiry of this 1 year by that time PERM application will be 365 days old(if pending).
if you have question..welcome....
gc_mar_2004 said:Thanks A0001. I never heard about this option of H1 transfer with a pending PERM with new employer. Are you sure about this? I thought the PERM labor and/or 140 has to be pending for over 365 days to get the yearly extension
Yap...You need to have 365 day rule or approved 140..SEE ABOVE LOGIC
Do you have any idea how much it will cost to file a new PERM application? Based on Rajiv's fee, I see it is $4200 to start new PERM. What are the other cost involved in doing PERM it is mentioned advertising cost between 1000-2000$.
Any one who has done new PERM please advice. How much it will actually cost in total (incl. legal fees, advt etc)
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If you filed concurrent 140/485 after labor certification and your 140 is approved, and your H1B six year is ending, and you don't want to use EAD, would you be able to extend your H1B, and for how long at the most - 1 year, 3 years? Thanks, Unitednations.
unitednations said:Item in blue is not correct.
3 ways to get extension:
1) labor older then 365 days before I-94 expiry (labor can be approved or pending)
2) pending and unapproved I-140 for 365 days (generally for cases which labor isn't required)
3) approved I-140 before I-94 card expiry and subject to retrogression. There is no time component to the underlying labor if any.
Situation #3 was not commonlyknown (mainly because under old labor system it was almost impossible to file labor, and get 140 approved in less then a year. Also, at that time there was no retrogression.
Recent example that I know personally; person six years expring august 2006; perm labor file march 2006, approved within two weeks, I-140 filed end of March, approved May 2006; H-1 premium processing asking for 3 year extension approved within one week.
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snowyday said:My lawyer got the reply from AAO. My case is still being reviewed by the adjudicator. So looks like the 7/8/2006 LUD doesn't mean much. We have to be patient...
My LUD on 140 and MOTIC changed on 07/08/2006.
LUD on MOTIC changed again on 07/15/2006.
Attorney
I would contact the Attorney.
sbss said:My LUD on 140 and MOTIC changed on 07/08/2006.
LUD on MOTIC changed again on 07/15/2006.
I would contact the Attorney.
expeditegc
Registered Users (C)
1) I-140 denied, appealed, appeal denied - education issue
2) New I-140 denied (new evaluation and same labor), appealed
Today, I saw two messages as follows:
OLD I-140:
On July 20, 2006, we received this case back from the Administrative Appeals Office. If any further action is appropriate, we will notify you when it is taken.
NEW I-140:
On July 21, 2006, this case was transferred to our Administrative Appeals Office for review. That office will notify you of any further action taken on this case
No change in I290B.
What's going on? I'm frustrated.
2) New I-140 denied (new evaluation and same labor), appealed
Today, I saw two messages as follows:
OLD I-140:
On July 20, 2006, we received this case back from the Administrative Appeals Office. If any further action is appropriate, we will notify you when it is taken.
NEW I-140:
On July 21, 2006, this case was transferred to our Administrative Appeals Office for review. That office will notify you of any further action taken on this case
No change in I290B.
What's going on? I'm frustrated.
Guys - I see lots of people have mentioned education issue (3 yrs Vs. 4 yrs) ...If the job requirement says "bachelor degree of 4 yrs" with 2 yrs exp. or "no degree" with 5 years exp.... will this be still an issue ?
I haven't filed my I140 yet but my labor has a requirement of either bachelor + 2 yrs or no degree with 5 years....is that gonna be a problem as I have 3 yrs diploma and no degree. however I have finished my bachelor here in USA but that I did while working with my employer as part time
any suggestions
I haven't filed my I140 yet but my labor has a requirement of either bachelor + 2 yrs or no degree with 5 years....is that gonna be a problem as I have 3 yrs diploma and no degree. however I have finished my bachelor here in USA but that I did while working with my employer as part time
any suggestions
expeditegc said:1) I-140 denied, appealed, appeal denied - education issue
2) New I-140 denied (new evaluation and same labor), appealed
Today, I saw two messages as follows:
OLD I-140:
On July 20, 2006, we received this case back from the Administrative Appeals Office. If any further action is appropriate, we will notify you when it is taken.
NEW I-140:
On July 21, 2006, this case was transferred to our Administrative Appeals Office for review. That office will notify you of any further action taken on this case
No change in I290B.
What's going on? I'm frustrated.
Did u apply for new I-140 while the old I-140 was in appeal.Can we do that.I heard that they dont touch your new I-140 till the time their is a decision on the old I-140 appeal.
expeditegc
Registered Users (C)
1) I-140 denied, appealed, appeal denied - education issue
2) New I-140 denied (new evaluation and same labor), appealed
(New Evaluation from SHEILA DANZIG extensive documents (300+) pages)
Messages changes yet again today:
OLD I-140:
On July 20, 2006, we received this case back from the Administrative Appeals Office. If any further action is appropriate, we will notify you when it is taken.
NEW I-140:
On July 21, 2006, this case was transferred to our Administrative Appeals Office for review. That office will notify you of any further action taken on this case
I290B:
On July 21, 2006, this case was transferred to our Administrative Appeals Office for review. That office will notify you of any further action taken on this case
I think my appeal almost *DEAD*. AAO may not consider it.
What's next? I am worried spent almost 9 years.
2) New I-140 denied (new evaluation and same labor), appealed
(New Evaluation from SHEILA DANZIG extensive documents (300+) pages)
Messages changes yet again today:
OLD I-140:
On July 20, 2006, we received this case back from the Administrative Appeals Office. If any further action is appropriate, we will notify you when it is taken.
NEW I-140:
On July 21, 2006, this case was transferred to our Administrative Appeals Office for review. That office will notify you of any further action taken on this case
I290B:
On July 21, 2006, this case was transferred to our Administrative Appeals Office for review. That office will notify you of any further action taken on this case
I think my appeal almost *DEAD*. AAO may not consider it.
What's next? I am worried spent almost 9 years.
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Sorry to hear about your denial ExpediteGC. Since I am also in the same boat I can exactly feel your pain.
I too have a labor sitting in Dallas backlog elimination center. This was filed in Jul 2004. I am counting on this now to get me H1 extension in near future and also get me my GC eventually if I plan to stay here in US. I am on my 8th year H1.
I guess all we can do is verify all our cases are filed with proper wordings. The lawyers and evaluators are sitting there just to make Money and so is BCIS.
I too have a labor sitting in Dallas backlog elimination center. This was filed in Jul 2004. I am counting on this now to get me H1 extension in near future and also get me my GC eventually if I plan to stay here in US. I am on my 8th year H1.
I guess all we can do is verify all our cases are filed with proper wordings. The lawyers and evaluators are sitting there just to make Money and so is BCIS.
july140 said:My I-140 and 290B LUD has changed again today 07/22/2006.
LUD on MOTIC changed again on 7/15 and LUD changed on 140 and MOTIC changed on 7/22.
Are we looking at "MASS DENIALS" from AAO?
expeditegc
Registered Users (C)
Is there a pattern of approvals and denials from different officers within Nebraska Service Center? I think they do not have rules. I thought this country is built on laws and laws does not apply to vast majority of people. Why there is a difference from officer to officer? I feel bad because mine denied twice and sent to AAO twice. I heard from the same education evaluator I-140 approved but why me? What have I done wrong? How can I believe that such credentials work? I spent 8-9 years and now starting a new process means spending another 8 years and there is no guarantee that it will work.
expeditegc said:Is there a pattern of approvals and denials from different officers within Nebraska Service Center? I think they do not have rules. I thought this country is built on laws and laws does not apply to vast majority of people. Why there is a difference from officer to officer? I feel bad because mine denied twice and sent to AAO twice. I heard from the same education evaluator I-140 approved but why me? What have I done wrong? How can I believe that such credentials work? I spent 8-9 years and now starting a new process means spending another 8 years and there is no guarantee that it will work.
This is what happens if you are a tax paying, Legally working, law abiding person. Jump Borders and you will be eligible for preferential treatment.
bunny01 said:LUD on my case too..... for both 140 and 290b, LUD on 07/22..... looks like, Mass denials r on our way....
Bunny,
Let us know if anything happens.